Bill Text: TX HB3040 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to an interim study by the Texas Commission on Judicial Selection regarding the method by which certain trial and appellate judges are selected.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2019-06-14 - Effective immediately [HB3040 Detail]

Download: Texas-2019-HB3040-Enrolled.html
 
 
  H.B. No. 3040
 
 
 
 
AN ACT
  relating to an interim study by the Texas Commission on Judicial
  Selection regarding the method by which certain trial and appellate
  judges are selected.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  COMMISSION; STUDY. (a) The Texas Commission on
  Judicial Selection is established to study and review the method by
  which the following judges and justices are selected for office in
  this state:
               (1)  statutory county court judges, including probate
  court judges;
               (2)  district judges;
               (3)  justices of the courts of appeals;
               (4)  judges of the court of criminal appeals; and
               (5)  justices of the supreme court.
         (b)  The study conducted under this section must consider:
               (1)  the fairness, effectiveness, and desirability of
  selecting a judicial officer described in Subsection (a) of this
  section through partisan elections;
               (2)  the fairness, effectiveness, and desirability of
  judicial selection methods proposed or adopted by other states;
               (3)  the relative merits of alternative methods for
  selecting a judicial officer described in Subsection (a) of this
  section, including:
                     (A)  lifetime appointment;
                     (B)  appointment for a term;
                     (C)  appointment for a term, followed by a
  partisan election;
                     (D)  appointment for a term, followed by a
  nonpartisan election;
                     (E)  appointment for a term, followed by a
  nonpartisan retention election;
                     (F)  partisan election for an open seat, followed
  by a nonpartisan retention election for incumbents; and
                     (G)  any other method or combination of methods
  for selecting a judicial officer described in Subsection (a) of
  this section; and
               (4)  the merits of using a public member board to
  nominate or assess the qualifications of candidates for judicial
  office.
         (c)  The Texas Commission on Judicial Selection consists of
  15 members appointed as follows:
               (1)  four members appointed by the governor;
               (2)  four members appointed by the lieutenant governor,
  including three senators, with at least:
                     (A)  one senator who is a member of the political
  party with which the lieutenant governor is affiliated; and
                     (B)  one senator who is a member of a political
  party other than the political party with which the lieutenant
  governor is affiliated;
               (3)  four members appointed by the speaker of the house
  of representatives, including three members of the house of
  representatives, with at least:
                     (A)  one representative who is a member of the
  political party with which the speaker of the house is affiliated;
  and
                     (B)  one representative who is a member of a
  political party other than the political party with which the
  speaker of the house is affiliated;
               (4)  one member appointed by the chief justice of the
  Supreme Court of Texas;
               (5)  one member appointed by the presiding judge of the
  Texas Court of Criminal Appeals; and
               (6)  one member appointed by the board of directors of
  the State Bar of Texas.
         (d)  The governor, lieutenant governor, and speaker of the
  house of representatives shall coordinate to ensure that the
  members appointed to the Texas Commission on Judicial Selection
  reflect, to the extent practicable, the racial, ethnic, and
  geographic diversity of this state and include individuals who are
  attorneys and individuals who are not attorneys.
         (e)  The governor shall designate the presiding officer of
  the Texas Commission on Judicial Selection.
         (f)  The Texas Commission on Judicial Selection shall
  convene at the call of the presiding officer.
         (g)  A member of the Texas Commission on Judicial Selection
  is not entitled to compensation but is entitled to reimbursement
  for actual and necessary expenses incurred in serving as a member of
  the commission.
         (h)  The Office of Court Administration of the Texas Judicial
  System shall provide necessary administrative support to the Texas
  Commission on Judicial Selection.
         (i)  Not later than December 31, 2020, the Texas Commission
  on Judicial Selection shall submit to the governor and the
  legislature a report on the commission's findings and
  recommendations on a method or methods for selecting for office
  judges listed in Subsection (a) of this section that ensure a fair,
  impartial, qualified, competent, and stable judiciary.  The
  commission shall include in its recommendations specific
  constitutional and statutory changes that appear necessary from the
  results of the commission's study.
         SECTION 2.  ABOLITION OF COMMISSION. The Texas Commission
  on Judicial Selection is abolished and this Act expires January 2,
  2021.
         SECTION 3.  IMPLEMENTATION TRANSITION.  The Office of Court
  Administration of the Texas Judicial System is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose. If the
  legislature does not appropriate money specifically for that
  purpose, the Office of Court Administration of the Texas Judicial
  System may, but is not required to, implement a provision of this
  Act using other appropriations available for that purpose.
         SECTION 4.  EFFECTIVE DATE.  This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3040 was passed by the House on May 9,
  2019, by the following vote:  Yeas 122, Nays 11, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3040 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 25, Nays 6.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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